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Public Safety & Quality of Life

43 West 26th Street, Fitz Kelor Ventures Inc., dba: Grey Bar + Restaurant. Application for a change in method of operation. The applicant is seeking to change their operating hours from 11AM-2AM to 11AM-4AM.

WHEREAS, Cornelius Reilly on behalf of Fritz Kelor Ventures, Inc. d/b/a Grey Bar and Restaurant ("Applicant") has notified Community Board Five of its intention to apply for an alteration to an existing on-premises liquor license for a bar/restaurant located at 43 West 26th Street (between Sixth Avenue and Broadway), New York, New York (the "Premises"); and

WHEREAS, In May 2012, Applicant appeared before CB5 in connection with its original application for an on-premises liquor license; and

WHEREAS, At that time, Applicant delivered an executed affidavit whereby Applicant agreed to various conditions and stipulations, upon which CB5 relied for recommending approval of the on-premises liquor license, which affidavit is attached hereto; and

WHEREAS, Among other conditions and stipulations, Applicant agreed to hours of operation from 11am to 2am daily (12pm-2am Sunday); and

WHEREAS, Applicant returned to CB5 in November 2013 to request an alteration to its on-premises liquor license to extend its hours of operation until 4am, which request was denied for the reasons stated herein; and

WHEREAS, Applicant again seeks an alteration to its on-premises liquor license to extend its hours of operation until 4am; and

WHEREAS, The block of W. 26th St. between Sixth Avenue and Broadway and the immediate vicinity has seen an explosion in nightlife activity, with 12 storefronts switching from wholesalers to bars and/or restaurants within the past 3 years; and

WHEREAS, CB5 has found that reasonable operating hours has been the single most effective way to balance a significant growth in nightlife with the quality of life in a mixed neighborhood; and

WHEREAS, The 2am closing time for numerous establishments near this location has had a tremendously positive impact on the quality of life in that area; and

WHEREAS, Numerous members of the community sent letters to CB5 and 6 members of the public appeared to testify in person in opposition to a change in the Applicant's hours of operation, citing existing conditions including noise, loud music, unruly crowds, and windows open at late hours; and

WHEREAS, Those same members of the community testified that the 2am restriction has been an effective means to accommodate the growth in nightlife in the area; and

WHEREAS, CB5 believes that the affidavit restricting the Applicant's hours of operation to 2am should continue to be enforced; therefore be it

RESOLVED, Community Board Five recommends denial of the application by Fritz Kelor Ventures, Inc. d/b/a Grey Bar and Restaurant located at 43 West 26th Street (between Sixth Avenue and Broadway), New York, New York, to alter its method of operation to extend hours later than previously agreed.

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